Security Council - Background Guide

ROME MODEL UNITED NATIONS-2013 EDITION
SECURITY COUNCIL BACKGROUND GUIDE
Daniel Liu
PREPARED BY Mr. Davide Ianniello, CHAIR-SECURITY COUNCIL-ROMEMUN 2013 AND Ms. Aleksandra Koji, DIRECTOR-SECURITY COUNCIL-ROMEMUN 2013
CONTENTS
SECURITY COUNCIL ........................................................................................................................................................1 background guide ..........................................................................................................................................................1 Introduction of the committee ......................................................................................................................................7 History/Organization .................................................................................................................................................8 Current composition ..................................................................................................................................................8 Voting procedure in UNSC .........................................................................................................................................9 TOPIC A: Children and armed conflicts ........................................................................................................................10 Introduction .............................................................................................................................................................10 The Six Grave Violations Against Children During Armed Conflict ......................................................................11 Killing or maiming of children ..................................................................................................................................11 Recruitment or use of child soldiers ........................................................................................................................12 Rape and other forms of sexual violence against children ......................................................................................13 Abduction of children ..............................................................................................................................................14 Attacks against schools or hospitals ........................................................................................................................14 Denial of humanitarian access to children .............................................................................................................. 15 Some of the countries with particular interest........................................................................................................16 Afghanistan ..........................................................................................................................................................16 Democratic Republic of the Congo ......................................................................................................................16 Libya.....................................................................................................................................................................17 Pakistan ...............................................................................................................................................................18 South Sudan .........................................................................................................................................................18 Syrian Arab Republic ............................................................................................................................................19 Role of the Security Council .....................................................................................................................................20

Questions to consider ..............................................................................................................................................21 TOPIC B: The right to self-determination and Civil Wars .............................................................................................22 Introduction .............................................................................................................................................................22 The right to self-determination ...............................................................................................................................22 Self-determination and De-colonization.................................................................................................................. 25 Self-determination and civil wars. ...........................................................................................................................27 Humanitarian Intervention and Self-Determination ...............................................................................................28 Questions .................................................................................................................................................................30 Bibliography/Further research suggestions................................................................................................................. 31
PRESENTATIONS OF CHAIR AND DIRECTOR-SECURITY COUNCILROMEMUN 2013

Chair - DAVIDE IANNIELLO- chair_sc@romemun.org (Mr. Ianniello serves also as Secretary General of RomeMUN 2013) Honorable delegates, It is my privilege to extend my warm welcome to all of you to the Rome Model United Nations 2013. We promise you a vibrant five-day learning experience in Rome filled with academic involvement, memorable diplomatic dialogue, and life-time friendships. This year you will meet in Rome to discuss about the Millennium Development Goals, Making 2015 Happen. Divided into seven different committees, delegates will discuss the MDGs targets, what has been achieved since 2000, what is the status now and what is still to be done. For the first time at a global level, RomeMUN is engaging delegates in the debate for the achievement of the United Nations Millennium Goals. We are eager to hear your brilliant ideas for the final completion of the MDGs targets in 2015. In 2010, the international community renovated its commitment to achieve the eight goals. With the MDGs Acceleration Framework (MAF), member-states strived to identify, prioritize, and address constraints that made their action and programs ineffective by that time. A focus of this effort was on how states could commit to respond to the needs of the most vulnerable. Better programs and training to improve agriculture productivity were implemented to reduce hunger, reducing child mortality too. School enrollment rate increased dramatically, making it possible to achieve universal primary education. The goal to achieve gender equality reveals an outstanding growth in the number of women being involved in jobs that are usually associated to men; yet, this is still unevenly diffused. Maternal health improved importantly as the rate of death has been slashed half, still being far from its established target. Likewise, the rate of

death from diseases like HIV/AIDS and malaria diminished as access to life-saving therapy was rendered easier and awareness-raising programs were put into place. The achievement of a sustainable environment is by far the most successful target: deforestation rate has plunged dramatically as well as CO2 emissions; access to drinking water is now available to 6.1 million people compared to 2 million people in 1990. Achieving a global partnership for development remains still at stake as betterments are still poor and not very diffused. This has been harshly exacerbated by the hammering financial crisis (United Nations Development Program). Positively enough, we are still two years away from 2015. A great deal of improvement was made and awareness on the topics raised incredibly. The world has learned a lot from these last ten years, and as Alberic Kacou, UNDP Representative Tanzania said: The MDGs is everybodys business and dare anyone forget 2015! We recommend you to research smartly, study and come prepared. With your passion and our dedication, we promise you a one-of-a-kind conference. We all look forward to meeting you on March in the Eternal City. Director - ALEKSANDRA KOJIC- director_sc@romemun.org
My name is Aleksandra Koji. I am 23 years old, about to graduate from University of Belgrade, with a degree in International Politics. So far, I have participated in a number of Model UN conferences. My favorite one was Belgrade International Model UN, where I chaired the UNESCO World Heritage Committee. Most recently, I have completed an internship in the Foreign Affairs Department of the National Assembly of Serbia. At the moment, I am working as an Intern in the Serbian government, in the Office of Deputy Prime Minister for European Integration. In march of 2013, I'll have the pleasure to chair the UN Security Council in Rome MUN. I am looking forward to enjoying some lively debates and hopefully finding new solutions to the important issues we will be dealing with.
ROME MODEL UNITED NATIONS-2013 EDITION VERY IMPORTANT: PLEASE REMIND THAT EACH COUNTRY HAS TO PRESENT A COPY OF THE POSITION PAPER ABOUT THE TWO AGENDA TOPICS OF THIS COMMITTEE BY MARCH 1ST , EMAILING IT AS ATTACHMENT IN WORD FORMAT TO position_paper@romemun.org ALL THE INDICATIONS ABOUT HOW TO PREPARE A POSITION PAPER IS NOT IN THIS GUIDE BUT IN THE DELEGATE GUIDE (AVAILABLE ON ROMEMUN FORUM)
COUNTRIES REPRESENTED AT SECURITY COUNCIL-ROMEMUN 2013 PEOPLE'S REPUBLIC OF CHINA RUSSIAN FEDERATION UK FRANCE UNITED STATES OF AMERICA AZERBAIJAN GUATEMALA MOROCCO PAKISTAN TOGO RWANDA REPUBLIC OF KOREA ARGENTINA AUSTRALIA LUXEMBOURG
INTRODUCTION OF THE COMMITTEE The UN Charter1 established six main organs of the United Nations, including the Security Council. It gives primary responsibility for maintaining international peace and security to the Security Council, which may meet whenever peace is threatened. All members of the United Nations agree to accept and carry out the decisions of the Security Council2. While other organs of the United Nations make recommendations to member states, only the Security Council has the power to make decisions that member states are then obligated to implement under the Charter. When a complaint concerning a threat to peace is brought before it, the Councils first action is usually to recommend that the parties try to reach agreement by peaceful means. The Council may set forth principles for such an agreement, undertake investigation and mediation, in some cases, dispatch a mission, appoint special envoys, or request the Secretary-General to use his good offices to achieve a pacific settlement of the dispute. The Security Council may also issue ceasefire directives that can help prevent an escalation of the conflict, dispatch military observers or a peacekeeping force to help reduce tensions, or separate opposing forces and establish a calm field in which peaceful settlements may be sought. Beyond this, the Council may opt for enforcement measures, including: economic sanctions, arms embargoes, financial penalties and restrictions, and travel bans; severance of diplomatic relations; blockade. As a final measure, the UN SC might even start collective military action.
1 2
http://www.un.org/en/documents/charter/ http://www.un.org/en/documents/charter/chapter7.shtml

HISTORY/ORGANIZATION
The Security Council held its first session on 17 January 1946 at Church House, Westminster, London. Since its first meeting, the Security Council has taken permanent residence at the United Nations Headquarters in New York City. It also travelled to many cities, holding sessions in Addis Ababa, Ethiopia, in 1972, in Panama City, Panama, and in Geneva, Switzerland, in 1990. A representative of each of its members must be present at all times at UN Headquarters so that the Security Council can meet at any time as the need arises. The Security Council consists of ten elected members, and five permanent members (China, the United States, France, the United Kingdom, and the Russian Federation). Each year the General Assembly elects five non-permanent members (out of 10 in total) for a two-year term. In accordance with the General Assembly resolution 1991 (XVIII)3 of 17 December 1963, the 10 non-permanent seats are distributed on a regional basis as follows: five for African and Asian States, one for Eastern European States, two for the Latin American and Caribbean States, and two for Western European and other States. The presidency of the Security Council rotates among council member states according to the alphabetical order of their names (as the names are written in English). Each council president holds office for one month.
CURRENT COMPOSITION
Current members of the United Nations Security Council are- Peoples Republic of China, French Republic, Russian Federation, United Kingdom, United States of America, Republic of Azerbaijan, Republic of Guatemala, Kingdom of Morocco, Republic of Pakistan, Togolese Republic, Rwanda, Republic of Korea, Argentina, Australia, Luxembourg.
http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/186/66/IMG/NR018666.pdf?OpenElement

VOTING PROCEDURE IN UNSC
Article 27 of the charter regulates voting procedures in the Security Council. It states as follows: 1. Each member of the Security Council shall have one vote. 2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members. 3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall refrain from voting. This means that on nonprocedural issues, such as a resolution authorizing the use of force against Iraq, nine members of the Security Council must vote for it (and none of the permanent-five members may veto it) if it is to pass. Abstentions, however, are not considered vetoes.
TOPIC A: CHILDREN AND ARMED CONFLICTS

INTRODUCTION
Protecting children from the ravages of war is a moral imperative, a legal responsibility and a question of international peace and security. It is also a key humanitarian issue in conflictaffected areas. The UN Security Council has resolved that the protection of children from armed conflict should be a priority for the international community and is an important aspect of any comprehensive strategy to resolve conflict. The United Nations General Assembly and other UN bodies have repeatedly called for children to be afforded special protection by all parties to armed conflicts4. To advance the goal of protecting children during armed conflict and ending the impunity of perpetrators, the UN Security Council in UNSC Res. 1612 of 2005 established a Working Group on Children and Armed Conflict and a Monitoring and Reporting Mechanism (MRM) to systematically monitor, document and report on heinous abuses of the rights of children in situations of armed conflict. Subsequent Security Council resolution, UNSC Res. 1882 of 2009, has further expanded and strengthened the MRM. During times of conflict, international humanitarian and human rights law must be respected, with special regard to children who often have no means to defend themselves against abuses.5 The full range of childrens rights economic, social and cultural as well as political and civil should be respected, protected and promoted. However, after broad consultations within the UN, its peacekeeping missions, member States and non-governmental organizations, the UN Security Council identified six categories of violations that warrant priority attention. These Six Grave Violations against children during armed conflict were selected due to their ability to be
4 5
http://www.childinfo.org/ http://www.icrc.org/ihl.nsf/full/365?opendocument
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monitored and quantified, their egregious nature and the severity of their consequences on the lives of children.
THE SIX GRAVE VIOLATIONS AGAINST CHILDREN DURING ARMED CONFLICT
1. Killing or maiming of children 2. Recruitment or use of child soldiers 3. Rape and other forms of sexual violence against children 4. Abduction of children 5. Attacks against schools or hospitals 6. Denial of humanitarian access to children
KILLING OR MAIMING OF CHILDREN
Some of the most dangerous environments for children today are those where armed conflicts take place. Many girls and boys are killed and maimed during these collisions. A particular threat to children can be found in the changing nature of conflict, as well as the use of landmines and unexploded ordnances. The humanitarian principles of distinction and proportionality require fighters to distinguish between combatants and civilians, and they prohibit civilian damage beyond the scope of military advantage. However, in current warfare, this principle is eroding among armed forces and groups because of the changing nature of conflict. Children are often killed and injured in the course of military operations, including in cross-fire, aerial bombardment and shelling. Another worrisome trend is the rise in suicide attacks, and the use of children to carry them out, that lead to the death or serious injuries of children.
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The right to life and the prohibition of killing and maiming civilians are principles enshrined in humanitarian law, human rights treaties, and jurisprudence. With Security Council resolution 1882 (2009), the Council defined patters of killing and maiming of children in contravention of international law as a trigger for the Secretary-Generals annual list of shame.
RECRUITMENT OR USE OF CHILD SOLDIERS
The international humanitarian law, both treaty and custom, incontrovertibly prohibits recruiting or using children under the age of 15 as soldiers. In addition, 18 years has been declared as the minimum legal age for recruitment and use of children in hostilities. Unfortunately, in many conflicts children still take direct part in combat. Nevertheless, their role is not limited to fighting. Many girls and boys start out in support functions which also entail great risk and hardship. One of the common tasks assigned to children is to serve as porters, often carrying very heavy loads including ammunition or injured soldiers. Some children act as lookouts, messengers, cooks and implement other routine duties. Girls are particularly vulnerable and are often forced to serve as sexual slaves. Moreover, the use of children for acts of terror, including as suicide bombers has emerged as a phenomenon of modern warfare. Regardless of how children are recruited and of their roles, child soldiers are victims, whose participation in conflict bears serious implications for their physical and emotional well-being. They are commonly subject to abuse and most of them witness death, killing, and sexual violence. Many are forced to perpetrate these atrocities and some suffer serious long-term psychological consequences. The reintegration of these children is a very complex process.
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Definition of a child soldier A child associated with an armed force or armed group refers to any person below 18 years of age who is, or who has been, recruited or used by an armed force or armed group in any capacity, including but not limited to children, boys and girls, used as fighters, cooks, porters, spies or for sexual purposes. (Paris Principles on the Involvement of Children in Armed Conflict 2007)6
RAPE AND OTHER FORMS OF SEXUAL VIOLENCE AGAINST CHILDREN
The Geneva Conventions and their Additional Protocols prohibit rape and other forms of sexual violence during armed conflicts. Sexual violence against children is specifically forbidden by child-specific provisions of these treaties. The obligation of humane treatment under common Article 3 implicitly prohibits rape or any other sexual violence - be it against women or children. Article 27 of the 4th Geneva Convention explicitly prohibits such actions stating: Women (including girls) shall be especially protected against any attack on their honor, in particular against rape, enforced prostitution, or any form of indecent assault. The international tribunals for the former Yugoslavia and Rwanda, as well as the European Court of Human Rights and the Inter-American Commission on Human Rights, have recognized that rape amounts to torture and is therefore absolutely forbidden. Moreover, a host of international agreements prohibits the sexual abuse and exploitation of women and children. These include the Convention against Torture (1984), the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949) and the Vienna Declaration of the World Conference on Human Rights (1993). The Rome Statute of the ICC states that rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization
http://www.unicef.org/emerg/files/ParisPrinciples310107English.pdf
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or other forms of sexual violence of comparable gravity may constitute war crimes and crimes against humanity.
ABDUCTION OF CHILDREN
Wars often result in many children being abducted from their homes, schools and refugee camps. Frequently, child abduction leads to other violations against children such as forced labour, sexual slavery and recruitment. Furthermore, many children also get trafficked across borders. Parties to conflict have used this practice in systematic campaigns of intimidation and reprisal against civilian populations. The Geneva Conventions common Article 3 requirement of humane treatment for civilians implicitly but undeniably prohibits the abduction of children. The abduction of children as part of a pattern of disappearances, for participation in hostilities, for enslavement and for all other forms of child-exploitation is prohibited under international law, including the CRCs Optional Protocol on sex trafficking and other international agreement outlawing human trafficking and slavery. Furthermore, unlawful or arbitrary detention of children is prohibited under international humanitarian and human rights law, and may amount to abduction. Parties to a conflict may detain a child for valid security or military purposes, for instance. But in doing so, such detention must accord with the minimum standards outlined in the Geneva Conventions.
ATTACKS AGAINST SCHOOLS OR HOSPITALS
The 4th Geneva Convention prohibits the targeting of civilian objects, emphasizing the importance of schools and hospitals to the civilian population especially children. Deliberately targeting schools or hospitals in the absence of military necessity is prohibited under the
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general legal principle that civilian objects must be distinguished from legitimate military objectives and protected against the consequences of military operations. This is a customary norm of international law applicable in all conflict situations. Some armed groups are opposed to secular and girls education, or to girls being treated by male medical personnel and subsequently hamper access to these services. A general climate of insecurity as a result of conflict also prevents children, teachers and medical personnel from attending school or seeking medical assistance. Parents, for example, may find it too risky to send their children to school in a volatile security situation, or children may be denied timely access to hospitals because of checkpoints and roadblocks.
DENIAL OF HUMANITARIAN ACCESS TO CHILDREN
In situations of armed conflict where civilians including children are in desperate need of assistance, humanitarian access is crucial. Denial of it entails the deliberate attacks against humanitarian workers, as well as blocking the free passage or timely delivery of humanitarian assistance. According to UNICEF statistics7, around 80 millions of children are denied humanitarian assistance in todays conflicts around the globe. Access can be denied or hampered by parties to conflict for security or political reasons. Humanitarian assistance is frequently interrupted because of ongoing fighting. Denial of humanitarian access to civilians including children and attacks against humanitarian workers assisting children are prohibited under the 4th Geneva Convention and its Additional Protocols and may amount to a crime against humanity and a war crime. Moreover, it is a principle in customary international law.
http://www.unicef.org/hac2011/hac_lead.html
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SOME OF THE COUNTRIES WITH PARTICULAR INTEREST
AFGHANISTAN
During the year of 2011, 316 cases of underage recruitment have been reported in Afghanistan. Most of these were attributed to armed groups, notably the Taliban forces. For example, groups such as the Tora Bora Front, the Jamat Sunat al-Dawa Salafia and the Latif Mansur Network. Children were recruited and used by armed groups to conduct suicide attacks and plant improvised explosive devices, as well as for transporting goods. Statistics show that 11 children were killed while conducting suicide attacks in 2011. Some children werent aware of carrying explosive packages. At least 20 reports were received for cross-border recruitment of Afghan children to Pakistan by armed groups, including the Taliban. The boys were taken to Pakistan for training, and then returned to Afghanistan in order to conduct military operations. Compared with the last reporting period, the number of child casualties attributed to airstrikes conducted by pro Government forces (including the Afghan National Security Forces and the International Military Forces) doubled, with 110 children killed and 68 injured in 2011. Mines and explosive remnants of war from previous decades of conflict caused 431 child casualties. The most affected was the eastern region and the majority of casualties were boys aged between 8 and 15 years.
DEMOCRATIC REPUBLIC OF THE CONGO
During the reporting period, child protection actors documented 272 cases of recruitment and use of children (259 boys and 13 girls). 266 of these cases reportedly occurred in North and
8
THE INFORMATION BASED ON THE REPORT OF THE SECRETARY-GENERAL TO THE SECURITY COUNCIL (A/66/782-S/2012/261) ISSUED ON 26 APRIL 2012. 9 The Report of the Secretary-General to the Security Council (A/66/782-S/2012/261) issued on 26 April 2012.
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South Kivu, two in Maniema and four in Orientale Province. Allegedly, The Forces armes de la Rpublique dmocratique du Congo (FARDC) was responsible for the largest number, followed by Mai-Mai groups and the Forces dmocratiques de libration du Rwanda (FDLR). Other alleged perpetrators include the Ugandan armed group named the Allied Democratic Forces/National Liberation Army of Uganda (ADF/NALU) and the Forces rpublicaines fdralistes (FRF). A serious concern in 2011 continued to be sexual violence against children that was committed by all parties. The majority of documented cases were perpetrated by Government security forces. In total, 108 cases of rape (which include 3 cases against boys) were documented. Compared with 23 incidents in 2010, the number of attacks against schools and health centers increased in 2011, resulting in 53 incidents against schools and health centers taking place in the Kivus and Orientale Province. Despite the fact that many perpetrators of recruitment and use of children were prosecuted and convicted, three years after the the criminalization of child recruitment and the adoption of the Child Protection Law in January 2009, none of them including the ones at the senior level were clearly identified.
LIBYA
The United Nations has received numerous reports of grave violations against children in Libya throughout the reporting period since the conflict began in mid-February 2011. Owing to fighting, the lack of access to affected populations and the absence of systematic monitoring and reporting, grave violations against children, including child casualties, were not systematically documented, especially in Sirte and Misrata. In the context of military operations, child casualties were also reported of the North Atlantic Treaty Organization (NATO) in Libya. The Commission of Inquiry on Libya stated that NATO
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conducted a highly precise campaign with a demonstrable determination to avoid civilian casualties. Verified information were also received on the presence of children in brigades and opposition forces that were, during the conflict, associated with the National Transitional Council. Children were spotted performing various tasks in support of combat operations undertaking military training, carrying weapons and wearing uniforms. At the end of 2011, they were seen manning checkpoints and providing security, which still remains a concern. There are documents reporting of twenty-seven attacks on schools and four attacks on hospitals in 2011, particularly in Zlitan, Ajdabiya, Zinten, Misrata, Sirte and Nalut. For above mentioned reasons, this number reflects only a portion of all incidents that took place. One case was attributed to NATO, while the rest were attributed to former Government forces and opposition forces and brigade.
PAKISTAN
On the 10th of January 2012, the Governor of Khyber-Pakhtunkhwa launched a child protection policy in the Federally Administered Tribal Areas, resulting by the implementation of protective services and child protection units in all Federally Administered Tribal Areas Agencies. The Malakand-based Sabaoon rehabilitation and reintegration programme for children taken into custody by the Pakistan security forces for alleged association with armed groups received 29 new cases in 2011, which brought the total number of children in the Sabaoon Centre to 170; 102 of these children have been reintegrated into their families, including two girls.
SOUTH SUDAN
In 2011, the United Nations verified 352 cases of use and/ or recruitment of children. Of these, 253 were associated with SPLA, while 99 were associated with armed groups loyal to
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commanders Peter Gatdet, David YauYau and the late Gatluak Gai. Also, 272 boys were released to the South Sudan Disarmament, Demobilization and Reintegration Commission from various armed groups. The country task forces on monitoring and reporting verified the killing of 104 children and the maiming of 78 in 2011, in addition to 306 reports of killing and maiming that were received. Air strikes by the Sudanese Armed Forces in Unity State resulted in the death of three children and injury of two. Thirty-three children were reportedly killed, while 36 remained injured during five separate clashes between SPLA and armed groups (South Sudan Democratic Movement, South Sudan Liberation Army, an armed group led by Gabriel Tang and an armed group led by Joseph Oloney).
SYRIAN ARAB REPUBLIC
Since March 2011 and throughout the reporting period, the United Nations has received reports of grave violations against children in the Syrian Arab Republic, which continued into 2012. The Special Representative for Children and Armed Conflict sent a technical mission to the region to conduct interviews with victims and witnesses in refugee camps, villages and hospitals in the region in March 2012, in response to the need for United Nations verified information. Children were among the victims of military operations by Government forces, including the Syrian Armed Forces, Shabbiha militia and the intelligence forces, in their ongoing conflict with the opposition, including the Free Syrian Army (FSA), in almost all recorded cases. Schools have been regularly raided and used as military bases and detention centers. Children as young as 9 years of age were victims of killing, detention and maiming, arbitrary arrest, torture and ill-treatment, including sexual violence and use as human shields. The findings of the independent international commission of inquiry on the Syrian Arab Republic are in line with information obtained by the technical mission.
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The grave violations continued into 2012 and although this is beyond the reporting period, the gravity of the incidents requires their inclusion in the report.
ROLE OF THE SECURITY COUNCIL
In 1999, the United Nations Security Council accepted the fact that grave violations against children during conflict is a peace and security issue. As a result, the Secretary-General was requested to provide every year a report on children and armed conflict to the Council. The Security Council meets every year during the Open Debate on Children and Armed Conflict where the Special Representative, on behalf of the Secretary-General, presents his annual report on children and armed conflict and where Member States can comment on the most recent trends. With a resolution or presidential statement, the Security Council traditionally concludes the debate and decides which action has to be taken to address the most pressing child protection issues. With the adoption of eight resolutions and several presidential statements, the Security Council has developed important tools to strengthen child protection and to bring perpetrators into compliance with international standards. These tools include: naming and shaming exercise, action plans, establishment of a monitoring and reporting mechanism (MRM) on grave child rights violations, creation of the Security Council Working Group on Children and Armed Conflict, and, finally, the adoption of sanctions.
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QUESTIONS TO CONSIDER
What are the most recent conflicts putting children in danger? How could a reform of the Security Council improve the way the issues of children in armed conflicts are being handled?
How important are the roles of civil society groups, the private sector, nongovernmental organizations, professional organizations and institutions advocating the rights of children? How can UN SC cooperate with them?
What is the importance of reintegration programmes? Is Disarmament, Demobilization, and Reintegration really the most effective process?
What is the role of children as witnesses in armed conflicts today?
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TOPIC B: THE RIGHT TO SELF-DETERMINATION AND CIVIL WARS

INTRODUCTION
In this committee, delegates shall discuss the concept of self-determination, its meaning, its current application under international law, with a particular focus on its implication with civil wars. Delegates shall proceed to discuss how the United Nations needs to address civil wars in general, focusing on how the UN should shall foster the principle of selfdetermination and in what ways it can promote smoother and bloodless transitions from dependence to independence of the so-called peoples. Delegates are encouraged to research further on case studies, such as South Sudan, India (Kashmir), Russia (Chechnya), Yugoslavia (Kosovo), the Israeli/Palestinian dispute, etcand note the different grounds and implications, consequences and results over the self-determination claims.
THE RIGHT TO SELF-DETERMINATION
There lies great controversy about the concept of the right to self-determination under international law. The concept still remains vague, imprecise, and up to multiple interpretations in the several international legal instruments where it is mentioned. The concept of selfdetermination is a very powerful one, as Danspeckgruber described it: "No other concept is as powerful, visceral, emotional, unruly, as steep in creating aspirations and hopes as selfdetermination"10. The idea of self-determination creates aspirations, expectations and fears that have triggered conflict. However, it shall be in the long run considered as a process providing a wide range of possible outcomes dependent on the situations, needs, interests and conditions of concerned parties11
10 11
http://www.unpo.org/section/2/2 in http://www.unpo.org/article/4957
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Some consider the principle of self-determination as self-liquidating and now coming to an end, as a matter of fact, as the venture of decolonization is almost terminated. Following this interpretation of the principle, self-determination has served its original purpose and has little relevance today. Others believe that self-determination is a permanent and vital element in global affairs. Although the definition of the principle remains unclear, when related to the peoples, the UN has generally applied the principle to territories and to the adjustment of "artificial" state boundaries12. The concept of self-determination emerged in the aftermath of the First World War when American President Wilson outlined the 14 points at the Peace Treaty of Paris in 1919, with which he aimed at sending a message to establish peace in Europe, following the demise of the hundred-year-old empires. President Wilson was enlightened by the principle that [g]overnment rules with the consent of the people, by the idea of democracy and nationbuilding (Smith, 2010, p. 256). Wilson acknowledged the importance of granting stateless nations such as Hungarians and Czech-Slovaks, national independence while other minorities shall be granted a lesser degree of autonomy and minority rights. This should come about in such a way that would refrain any conflicting antagonisms to threaten international peace13.
In this respect, Conversi contends that self-determination presumes that: Any people, simply because it considers itself to be a separate people, has the right, if it so desires, to form its own state. It presumes that nationhood (state consciousness) constitutes the ultimate standard for gauging political legitimacy the right to decide rests with the group (Conversi, 2004, p. 26).
12 13
http://www.ciaonet.org.web.johncabot.edu/wps/chs04/ http://www.ciaonet.org.web.johncabot.edu/wps/chs04/
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Substantial evidence of the principle of self-determination appeared only within the Charter of the United Nations drafted in 1945. The Charter of the UN (Art. 1.2) along with the International Covenant on Civil and Political Rights (1976) are the only official legal documents where the concept of self-determination is brought to the table but vaguely explained. The articles read, in fact: 1. All peoples have the right of self-determination. By virtue of the right they freely determine their political status and freely pursue their economic, social, and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based on the principle of mutual benefit, and international law. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.14 The fact that the self-determination is included in the International Covenants on Human Rights as well as in the Vienna Declaration stresses the fact that it is an vital component of human rights law and compliance with the right of self-determination is a fundamental condition for the enjoyment of other human rights and fundamental freedoms, be they civil, political, economic, social or cultural15. Self-determination is unarguably a norm of jus cogens, which is a norm that cannot derogated, it is recognized by the international community as a pillar to maintain international
14 15
http://www.hrweb.org/legal/cpr.html http://www.unpo.org/article/4957).
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order, and it may override treaties or agreements when they conflict with the principle in discussion16. Parker recalls that rulings by both the International Court of Justice and the InterAmerican Commission on Human Rights of the Organization of American States have paved the way to attributing to the principle of self-determination the status of ergaomnes. In this respect when a principle becomes erga omnes, the international community is under a mandatory duty to respect it in all circumstances in their relations with each other. However, Parker considers that a politics of avoidance has been undertaken in respect to the concept of self-determination, as it has only become a weapon of political rhetoric (Parker, 2000).
SELF-DETERMINATION AND DE-COLONIZATION
The modern interpretation of self-determination attributes this right only to the peoples who have experienced a colonial regime, which have a history of independence or self-rule in an identifiable territory, a distinct culture, and a will and capability to regain self-governance (Parker 2000). It is clear that the idea of self-determination detains the wish of the peoples to regain self-governance off another sovereign entity that is exercising power. On this idea, decolonization takes two different forms, Parker claims: perfect and imperfect de-colonization. A case of perfect de-colonization occurs when the sovereign power leaves and the peoples can restore full sovereignty of the territory. The people are now in full control of their State and are legally acknowledged under international law. This de-colonization is defined as perfect because once the colonial power has left, there are no more internal groups that claim self-determination; if this is the case, on the other hand, these peoples have agreed to participate in the working multi-group State On the other hand, cases of imperfect colonization take place when the full governance is not restored to the people claiming self-determination, despite the fact that the alien
16
http://legal-dictionary.thefreedictionary.com/Jus+Cogens
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governing power has left. This may take various forms: for example, when different formerly colonized states are united into a single state where now different languages, ethnicities, religions or cultures are living together. Another example might be forced annexation of a colony to its colonizing power, which may or may not be recognized by both the peoples affected and the international community. The right to self-determination belongs to the people who claim it and not to governments. In its modern conception, the principle of self-determination falls under the umbrella of Human Rights Law, which assumes and grants political and civic rights. However, who are, in the end, the peoples who have a right to claim self-determination? Little consensus was reached about this at the San Francisco Conference in 1945. According to Smith, these definition sets out the standards to acknowledge a group as a people who may claim self-determination: a group of human beings that shares common historical tradition, ethnic identity, culture, language, religion, territory, and economy (Smith, 2010, p. 255). When the peoples are then associated to self-determination, self-determination implies a concept of liberation. The concept of liberation implies that the peoples who claim self-determination wish to liberate their group from the alien governing power, thus making the principle a political more than a legal medium (Smith, 2010, p. 255).A detailed definition of the peoples was provided by the UNESCO International Meeting of Experts for the Elucidation of the Concepts of Rights of Peoples where they set out standard criteria under which the people who claim selfdetermination can be acknowledged as so. These criteria are: A common historical tradition, Racial or ethnic identity, Cultural homogeneity, Linguistic unity, Religious or ideological affinity Territorial connection, Common economic life.
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The UNESCO scholars also identifies the peoples as a "group as a whole must have the will to be identified as a people or the consciousness of being a people." Although merely crucial, the number of the components of the people as to be high enough and not little enough to consider it as a mere association17.
SELF-DETERMINATION AND CIVIL WARS.
Claims of self-determination against sovereignty have, as history teaches us, brought to countless civil wars. Civil wars and these claims have been in the political agenda of the United Nations for decades, which in most cases finds itself in conflict due to the competing claims of the parties interested. The struggle for nation-building along with self-determination poses a large question mark above international law, as there is discrepancy on the idea of whether the right shall be granted. It is notable how the Security Council, despite its power of action under Chapter VI of the Charter, has never taken any direct action towards sovereignty dispute, particularly when the dispute is legally conducted. Examples of disputes upon selfdetermination see among others India (Kashmir), Russia (Chechnya), Yugoslavia (Kosovo), the Israeli/Palestinian dispute, and South Sudan. The goals of such groups are clearly different as some aspire to full secession from the sovereign state while other claim a larger degree of autonomy. Would the creation of a new state induce further conflict or is it the least worst solution? Is, then, creating a new state the answer to self-determination claims? Some consider that creating new states leads to brutal wars of separation; others foresee better achievements by allowing secession. Those who believe in the destabilizing power of the creation of new states are more orientated towards autonomy or power-sharing rather than secession. Which cause troubles in the process. Along with this, however, autonomy might represent the "slippery slope" to eventual secession. Those who are positive about creating new states believe in the pacifying power of smaller and more ethnically homogenous states.
17
(http://www.unpo.org/article/446
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Self-determination serves its purpose best when the peoples, which is in most cases homogeneous, that is separating fully agrees with the separation. This often turns out to be a tough call when the principle of utipossidetisjuris comes about for the internal groups under the same sovereign power will intensify their conflicts (from Stanford). This principle of customary international law comes to rescue when new states are being created and boundaries need to be preserved 18. Recognition by the international community is an important factor when creating new states and still remains a difficult process. Some believe that the main reason behind hesitation is the question of viability of the new states. Others oppose, on the other hand, that in our borderless world and the transnational economic system, the question remains unimportant. The concept of a viable state implies that the state has a defined population, control of specific territory, a functioning government, and capacity to govern. Although in a few instances of the last decades, Kosovo and East Timor for example, the state does not meet the standards of viability; however, the United Nations is amid the process of creating the foundation for independence. This raises a question, however.
HUMANITARIAN INTERVENTION AND SELF-DETERMINATION
Intervention shall be backed up when humanitarian concerns are raised and not in terms of self-determination. A Report of the Secretary General ("Protection of Minorities: Possible Ways and Means," 14 June 1995), revealed: "As a general rule, solutions to minority problems had to be found within the framework of existing states. Legitimate claims by individuals and groups should normally be accommodated within the state constitutional system by creating adequate political arrangements, structures, and procedures. Thus, the starting point of a model world order [is acceptance of the fact that there is] no generally recognized right of secession (. . .) ". However, humanitarian intervention might be perceived as a way of external force to support self-determination claims, but "the point of humanitarian
18
http://www.law.cornell.edu/wex/uti_possidetis_juris
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intervention is to halt mass murder, nothing more and nothing less. Pursuit of that simple object may temporarily promote secessionist objectives, as it did when NATO and the UN established a de facto independent state in Kosovo prior to Milosevic's ouster. But it can also impede these objectivesas it did after Milosevic's ouster when the Kosovar Albanians saw their secessionist balloon suddenly pop under the weight of that same NATO/UN protectorate"19. It was widely agreed that intervention is resorted to when the affairs of powerful states are affected. Many argue that military intervention should come after all dispute-resolving efforts are made under Chapter VI of the Charter. However, there exists unanimous consensus that when civil conflicts due to self-determination claims involve massive violation of human rights action shall be taken promptly. The Security Council is aware of intervention in this type of conflicts and is reluctant to resort to force, concerned by the possible fatalities; other instead are just wary about the intervention itself and its utility; last but not least, advocates of state sovereignty object that humanitarian intervention represents a clear interference with the internal affairs of a state20. Waltzer wrote that self-determination is the right of a people to become free by their own efforts if they can, and nonintervention is the principle guaranteeing that their success will not be impeded or their failure prevented by the intrusions of an alien power. When the alien power is repressing the movements for self-determination, intervention becomes paramount to preserve the rights of minority identity groups from violence. In the absence of sufficient support, many self-determination movements commence onto a guerilla warfare because of their inability to counteract the alien power. However, moderate and/or nonviolent legal forms of opposition and resistance can create precedents as to promote selfdetermination goals in a nonviolent manner (Kasymov).
19 20
http://www.ciaonet.org.web.johncabot.edu/wps/chs04/ http://www.ciaonet.org.web.johncabot.edu/wps/chs04/#intervention
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So, what can international law and community create and implement in order to preserve the right to self-determination although avoiding civil war, bloodshed and consequent violations of human rights?
QUESTIONS
Has the UN now undertaken an obligation to protect from external or internal attacks the entities that claim self-determination?
creating new states from parts of older ones in the international arena is the best approach to managing today's deadly conflicts over nationhood and territory.
Should the UN intervene to help settle internal conflict at any cost? How should the international community work to stop civil wars before they start?
how can the self-determination process be reformed to allow for easier and more peaceful transitions from dependence to independence?
How related is the concept of humanitarian intervention to intervention in selfdetermination claims?
Will the UN-authorized last resort use of force resolve the issues grounded in selfdetermination claims though peacemaking operations, promoting autonomy, power sharing, or other means of assuring fair and equal treatment and respect for cultural diverse communities?
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ROME MODEL UNITED NATIONS-2013 EDITION BIBLIOGRAPHY/FURTHER RESEARCH SUGGESTIONS

United Nations- http://www.un.org/en/ UN Security Council- http://www.un.org/en/sc/ Security Council Report on Children and Armed Conflicthttp://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3CF6E4FF96FF9%7D/cross_cutting_report_cac_2012.pdf UN SC Resolution 1612- http://daccess-ddsny.un.org/doc/UNDOC/GEN/N05/439/59/PDF/N0543959.pdf?OpenElement UN SC Resolution 1882http://www.un.org/ga/search/view_doc.asp?symbol=S/RES/1882(2009) Office of the Special Representative of the Secretary-General for Children and Armed Conflict- http://childrenandarmedconflict.un.org/ The Six Grave Violations Against Children During Armed Conflict: The Legal Foundationhttp://childrenandarmedconflict.un.org/publications/WorkingPaper1_SixGraveViolationsLegalFoundation.pdf The Rights and Guarantees of Internally Displaced Children in Armed Conflicthttp://childrenandarmedconflict.un.org/publications/WorkingPaper-2-RightsGuaranteesIDP-Children.pdf Children and Justice During and in the Aftermath of Armed Conflicthttp://childrenandarmedconflict.un.org/publications/WorkingPaper-3_Children-andJustice.pdf The Paris Commitments to Protect Children Unlawfully Recruited or Used by Armed Forces or Armed Groupshttp://childrenandarmedconflict.un.org/publications/ParisCommitments_EN.pdf Child Protection in United Nations Peacekeepinghttp://childrenandarmedconflict.un.org/publications/child_protection%20_in%20un_peacek eeping2011EN.pdf
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Children and Armed Conflict Strategic Framework 2011-2013http://childrenandarmedconflict.un.org/publications/StrategicFramework2011-2013.pdf Nobirabo Musafiri P. Right to Self-Determination in International Law: Towards Theorisation of the Concept of Indigenous Peoples/National Minority?. International journal On Minority & Group Rights. October 2012;19(4):481-532. Conversi. D. (Ed.). (2004). Ethno-nationalism in the contemporary world: Walker Connor and the study of nationalism. London: Routledge. Smith, Anthony D. (2010). Nationalism. Cambridge: Polity. Parker, Karen.(2000). Understanding Self-determination: The basics. http://www.guidetoaction.org/parker/selfdet.html http://www.un.org/News/Press/docs/2011/sgsm13339.doc.htm http://www.wfp.org/countries/south-sudan/overview SHAVKAT KASYMOV. (2010). The Right of Communities to Self-Determination. PeaceReview: A Journal of Social Justice, 23:221227. http://www.hrweb.org/legal/cpr.html http://www.unpo.org/article/4957 http://www.ciaonet.org.web.johncabot.edu/wps/chs04/ http://www.un.org/News/Press/docs/2001/gashc3651.doc.htm THE RIGHT TO SELF-DETERMINATION, HISTORICAL AND CURRENT DEVELOPMENT ON THE BASIS OF UNITED NATIONS INSTRUMENTS, Study prepared by Aureliu Cristescu, http://www.cetim.ch/en/documents/cristescu-rap-ang.pdf INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, http://www.hrweb.org/legal/cpr.html Understanding Self-Determination: The Basics, Presentation to First International Conference on the Right to Self-Determination United Nations, Geneva, August 2000, http://www.guidetoaction.org/parker/selfdet.html GA/SHC/4051, http://www.un.org/News/Press/docs/2012/gashc4051.doc.htm http://www.un.org/en/sc/repertoire/2000-2003/00-03_12.pdf#page=4
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http://www.un.org/en/sc/repertoire/2004-2007/04-07_12.pdf#page=4 http://www.un.org/en/sc/repertoire/2008-2009/Part%20III/08-09_Part%20III.pdf#page=4 List of reports about the Right of Self-Determination, http://www.unhcr.org/refworld/topic,4565c2252c,4565c25f3bf,,0,UNSC,,.html UNA-USA sources for research http://una.org.uk/content/safer-world-state-recognition-andself-determination
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ROME MODEL UNITED NATIONS-2013 EDITION